>> bret: a biggie fan. that's it for "special report," fair, balanced, and unafraid. captions by closed captioning services this is "the fox report." tonight, a judge rules no more camping in the new york city park for occupy wall streeters. but now the protesters are going back to the park. plus, reports more victims are now coming forward in the penn state child sex abuse scandal. >> jerry sandusky said he hugged and touched the little boys. he insists is he innocent. his lawyer claims they may have found one of those boys who could help their case. plus, cops move in. [shouting] >> and clear out the original occupy wall street camps. >> the first amendment protects speech. it does not protect the use of tents and sleeping bags.

>> shepard: protesters are not backing down. >> we are going to continue. we have to formulate a strategy of how we are going to do that. >> i personally think we should go back to the park and take it over. >> tonight, where the movement goes from here. and a little girl trapped in an upside down car for two days. >> went down the embankment and overturned. >> she said she was pinned underneath the car. >> what she did next help save her life. >> for a 9-year-old to do that is pretty heroic. but first from fox this tuesday night, word that two key figures are breaking their silence in the penn state child sex abuse scandal. the former assistant football coach jerry sandusky says he is not a pedophile. he denies he molested little boys. and the current assistant coach, mike mcqueary reportedly sending emails to his friends, insisting he tried to stop the abuse he claims he witnessed. and that he took his story to the police. we'll start with the suspect.

coach sandusky, who spoke by phone last night to nbc's bob costas. >> i am innocent of those charges. >> innocent? completely innocent and falsely accused in every aspect? >> >> well, i could say that, you know, i have done some of those things. i have horsed around with kids. i have showered after workouts. i have hugged them, and i have touched their leg without intent of sexual contact. >> shepard: but the prosecutors accused jerry sandusky of molesting at least 8 young boys over a period of 15 years. part of their case is built on the grand jury testimony of mike mcqueary. he was an assistant, a graduate assistant really in 2002, when he claims he saw coach sandusky raping a boy at a shower inside the nittany lions practice center. coach sandusky denies that it happened and claims those slapping noises that

mcqueary allegedly heard were snapping towels, horseplay as he puts it. all of this is a number of news agencies reporting tonight that more alleged victims are coming forward with their stories. david lee miller is live in state college pennsylvania tonight. david lee, sandusky's lawyer claims one of those alleged victims is actually supporting the defendant's story. >> that's right, shepard. the attorney for jerry sandusky is now saying that one of the victims has what is he describing a very different story than what was described in that grand jury report. we believe he is talking about the victim identified by the grand jury as victim number 2. this is the victim described as being about 10 years old that a witness saw or claims to have seen jerry sandusky allegedly involved in a sex act with. this 10-year-old boy, 10 years old in 2002 has never been identified. now, sandusky's attorney is claiming they have been able to locate this young boy. he would now be about 19 years

old. he wants to tell a very different story about what happened in the shower. meanwhile, jerry sandusky talking out as you mentioned. he told nbc that he is not a pedophile. >> are you sexually attracted to young boys, to underaged boys? >> am i sexually attracted to underaged boys? >> yes. >> sexually attracted? no. i enjoy young people. i love to be around them. i -- i -- but no, i'm not sexually attracted to young boys. >> just about everyone here on the penn state campus watched that interview and just about everyone we talked with said they didn't believe what sandusky had to say. shepard? >> shepard: david lee now the graduate assistant who says he witnessed the rape of a little boy in the showers. he has come forward to clarify? >> that's right. we're talking about mike mcqueary, an assistant coach now on administrative leave.

he has sent what are reported to be emails to a former classmate. the emails reportedly sent on november 8th and they are now being released to a local newspaper here and now the associated press has obtained them. in the emails, he describes a very different account of what took place, especially after the alleged assault. he said he did have discussions with police and with officials at the university in charge of the police. furthermore, he says, and i quote: i did stop it, not physically, but made sure it was stopped when i left that locker room. talking about the alleged sex assault. and if you look at the actual report by the grand jury, shepard, it says and i quote: the graduate student and by that we mean mcqueary, left immediately, distraught. a very different account. now, a short time ago, cbs news aired a brief interview with mcqueary. here is what he had to say. >> i just don't have anything else to say. >> okay.

>> and just one last thing. just describe your emotions right now. >> all over the place. just kind of shaken. >> crazy? >> crazy. >> you said, what. >> like a snow globe. >> like a snow globe. >> yes, sir. >> mcqueary clearly wants to rehabilitate his image. he said to a friend in an email that he is getting hammered. shepard? >> shepard: david lee, before we let you go, there are new questions today about the judge who released the suspect in this case on $100,000 unsecured bond. >> that's right. there is now a report that in 2007, the chair of the second mile foundation, the charity founded by jerry sandusky made a financial contribution to the judge. the judge has been criticized for releasing sandusky on $100,000 unsecured bail. essentially he was free to go by giving nothing more than his signature. shepard? >> shepard: david lee miller live with us from penn state tonight. david lee, thanks. the federal government is now

looking into what happened at penn state and whether the school did enough to stop the alleged abuse according to the reporting of "the washington times." education secretary arne duncan says the university will have a price to pay if officials there were not forth coming about the original criminal activity on campus. his department is now investigating whether the school broke a law that requires it to report sexual abuse to the feds. a reporter for the "washington times" affiliated radio program, america's morning news asked him about that today. here. >> you guys have authorized an investigation into the sexual abuse at penn state. what is it you guys are looking for. >> we are looking if there are any violations. >> if there would be violations, what would be some possible sanctions. >> look at what we have done in the past. take a very close look at what happened. >> thank you, sir. >> shepard: at the same time bob casey is calling for a hearing on the matter on ocapitol hill. well, occupy wall street protesters are, again, packing into zuccotti park in new york city. some pictures of what's been

going on there for the past couple of days. no tents in sight. a ruling late this afternoon is that the city can keep protesters were camping out there. this after hundreds of police officers raided the park in the wee hours of this morning. cops telling the demonstrators they only had to leave temporarily for cleaning the place. but the surprise raid left some protesters panicked. others boldly challenging the police. >> >> all my friends are in there. that's my [bleep] home. i don't know, but i'm no use in jail. >> they are taking away everything. we are not leaving. >> whose park? >> our park ♪ whose park? >> our park. >> shepard: some protesters chained themselves to fences using bike locks. police chose chained with cuffs.

arrested close to 200 people. with the protesters cleared out. clean up crews sifted through the piles of garbage, scrubbing the concrete and the stench one resident described as rotting food and raw sue sage is now overpowered with the smell of disinfectant. of course, zuccotti park is the birthplace of the occupy greed. more and more cities shutting down. citing the filth, sexual assaults and at least one death. the chief fox report correspondent is live in zuccotti park tonight. jonathan, wow, what was the reaction there as this all went down? >> well, shep, the judge's decision allowed both sides to claim a sense of victory. the protesters were allowed to reenter the park but under the strict conditions that mayor michael bloomberg wanted. conditions which will make it very difficult for those protesters to stay for a very long time. take a look at the scene as police allowed the protesters

back into the park. this is a scene with the park just reopened. the police and security guard checking everyone coming in. funneling through -- them through a narrow entryway so that they can make sure that nobody is bringing in anything that would enable them to sleep here comfortably overnight. no tents, no sleeping bags, nothing which would help them stay here once the weather gets colder and wetter, which it is due to do in the next couple of days. a lot of people coming back in though, it's something of a victory they say. in essence, it really is just a compromise by the judge who has given the people the right to come back here but not to camp here indefinitely. >> it's a victory. cut and dried. it's a victory. half an hour ago we were outside. today right now we are in. it's a victory. >> >> will you stay here overnight without tents? >> yes, of course, if we have to sit up straight we will be

here because this is our territory. we have won it. >> many of the protesters say, shep, that this will actually galvanize the occupy movement rather than destroy it. and they are in it here in zuccotti park in downtown manhattan for the long haul. michael bloomberg might think with the cold winter weather on the northeast time is on his side. shep? >> shepard: jonathan hunt with a nice sign, poor spelling. jonathan, thank you. a new poll shows a tough battle in the nation's first presidential primary contest. you have seen this? four republicans now fighting for the first place. we will show you the new poll in a live update coming up. plus, they are new calls for the attorney general eric holder to step down over the operation fast and furious gun scandal. that's the federal gun running program that investigators say led to the murder of a u.s. border patrol agent. we'll have that and the rest of the night's news from the journalists of fox news on this tuesday fox report. [ male announcer ] drinking a smoothie with no vegetable nutrition?

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>> shepard: iowa caucuses are seven weeks from today. with that, a new poll shows a four-way battle for first place. it's a bloomberg survey, it has herman cain, ron paul, mitt romney and newt gingrich all in a statistical tie at the top. the texas governor rick perry has fallen off the charts and back to single digits. congresswoman michele bachmann has been there a long time. former senator rick santorum and jon huntsman down there as well. this poll taken right after governor perry drew a blank at last week's debate but before herman cain's own well he's put it oops moment. we showed you this last night here look. the question was do you agree with president obama on libya? >> i do not agree with the way he handled it for the following reason.

um, no, that's a different one. i got to go back. got all this stuff twirling around in my head. >> shepard: a lot of twirling and the analysts say that's about that for him. a spokesman tells us herman cain only had four hours of sleep the night before. the georgia businessman says he was just pausing to gather his thoughts. shannon bream is reporting for us tonight and is live in d.c. i have heard the analysts all day, shannon. does anybody say he might be able to recover from this? >> well, shepard, he certainly thinks so. he said today sort of defiantly he is not going to apologize for stopping to pause and gather his thoughts. and as we heard from the first time from his wife last night, regardless of what happens in the campaign, she says her husband is in it for the long haul and she is sticking with him. >> i think he would -- i think he would try to make a

difference. he would. that's the one reason he is doing this. and if i didn't understand that, i would not agree with it. >> years of marriage, shep. she says she is standing by her man. >> shepard: all right. well the polls indicate the people are turning toward newt gingrich and as that has happened people started focusing on his own personal life. >> when he is back in the spotlight. someone has anonymously been distribute ago flier in iowa outlining allegations about newt's personal life and multiple marriages. he tackled the issue head on this morning. >> it's a matter of public record. i'm very open about the fact that i have had moments in my life that i regret. i have indicated that i have had to go to god and ask for forgiveness and seek reconciliation. >> at love folks speculated this would not sit well with voters in iowa very conservative. a lot of evangelicals there. but it seems like his frankness about the situation well it may be helping him there. he looks good in the polls. >> texas governor perry has

fallen in the polls in iowa. yet he is there campaigning. what's the strategy. >> he gave a speech today with a position very poplar to the g.o.p. voters. washington is too big. it needs to be cut down to size. here is part of what he had to say? >> i happen to believe it is time to create a part time congress where their pay is cut in half. their office budgets are cut in half. and their time in washington is cut in half. [ applause ] >> shep, his plan for overhauling washington also includes doing away with lifetime appointments for all federal judges. >> shannon bream in washington. shannon, thanks very much. the alarm clock is ticking now on that whole deficit super committee in washington. missing next week's deadline would mean potentially painful automatic budget did you tell c. now word that lawmakers could put off part of the job. this is new. we are live in d.c. plus, there are new details about the mother of this missing boy outside of seattle. the mother who claims she left her2-year-old son in a car for an hour while she went to get

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>> there is more fallout as fox reports tonight from the botched federal gun tracking program known as fast and furious. a group of house republicans renewed their calls for attorney general eric holder to resign. >> we must put safeguards in place so that this can never happen again. and finally, we want accountability. lives have been lost. and justice must be served for those responsible. >> the lawmakers demanding more transparency from the attorney general about the failed program. including information on who authorized it and when. nearly 40 republicans in congress have now asked for the attorney general to step down.

you will remember fast and furious was supposed to track u.s. weapons to mexican drug gangs. instead, the feds lost track of thousands of those weapons. and two of them turned up at the scene where this u.s. border patrol agent brian terry was murdered last year. failure is not an option. that's what the senate's top republic is now saying about the super committee in charge of cutting the nation's deficit. by next week or lots of americans could be paying the price. this all came out of the battle of raising the nation's debt limit. remember that? the panel has until thanksgiving eve to come up with more than a trillion dollars in savings. otherwise, automatic cuts kick in to both defense and domestic programs. the idea here is both parties have an incentive to compromise since they both suffer the consequences. >> my view is that failure is not an option as senator alexander mentioned. we need an outcome. the american people need an outcome. they expect an outcome. they deserve an outcome. and i expect to get one. >> congress and government

generally don't do things until the last minute. the last minute is fast approaching. my members still think they can get something done. >> shepard: tonight some super committee members are talking about a way to at least kick at least part of that can down the road. mike emanuel is live on capitol hill. let's guess. maybe the tax increase part? >> that's right. shep. the tax revenue issue is amongst the toughest issues they are facing. republic co-chairman congressman general hence hensag says how about if the committee sets the revenue goal and then you have the relevant congressional committees battle it out down the road? here is a super committee democrat's reaction. >> i'm open to a two-step process. it could be a multistep process. so long as it's clear where we end up and quite honestly, the answer to that question about where we end up will be given by the congressional budget office. >> the point is he is essentially for it as long as

the nonpartisan congressional budget office says the revenue you are promising to raise is actually real savings. shep? >> is the tension building there, mike? kind of sounds like it? >> no question about it. you can see it in the faces of the super committee members coming and going from private meetings. you can also see it in the faces of their staffers. a lot of buzz in the hallways about what happens if there is failure. republic leaders are saying, you know, failure is not an option. but house majority leader eric cantor said the automatic cuts associated with failure would be terrible. take a listen. >> none of us want to see that sequester be put into law or take place. i remain hopeful. i do that we will get there. i don't feel it's helpful for me to get into the specification. -- specifics. finding a deal will take bipartisan support. john kerry from massachusetts and rob portman from ohio have been out for long bike rides. joining them this past

saturday was mark warner, somebody well known for trying to find bipartisan debt deals. shep? >> shepard: mike emanuel on capitol hill where frankly there is a sea of controversy. including that withdraw of troops from iraq. tense moment as one lawmaker accuses the white house of playing politics. that's coming up. plus, a little girl's terrifying two day ordeal trapped in a car with her dead dad and surviving on nothing but pop tarts and patience. [ male announcer ] you love the taste of 2% milk. but think about your heart. 2% has over half the saturated fat of whole milk. want to cut back on fat and not compromisen taste? try smart balance fat free milk. it's what you'd expect from the folks at smart balance.

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>> shepard: new developments now in the case of a missing 2-year-old boy from washington state. investigators say they are now looking at online dating profile that may belong to the boy's mother according to authorities. we're told it features several pictures of the mother and describes her as a 30-year-old sugar baby looking for a real man to care for her. you will remember the mom claims that almost two weeks ago she left the son sky in the car after the car ran out of gas in bellevue just outside of seattle. cops say that was a lie. the car had gas. they say that is not the only hole in her story. they have not called the mother a suspect. they have not called her a person of interest. but, investigators say they are keeping an eye on her in case she tries to leave the country as they put it. i'm shepard smith. this is "the fox report." it's the bottom of the hour. time for the top of the news. word of an explosive war of words over the iraq troop withdrawal. you will remember the president has promised that service members will be home

for the holidays. but at a hearing today in d.c. the republic senator john mccain got into it with the defense secretary leon panetta. the senator noted that talks to keep some troops in iraq after december broke down when iraq refused to give u.s. forces immunity. he argued the white house could have saved those talks and accused it of putting politics ahead of good policy. here listen. >> this administration was committed to the complete withdrawal of u.s. troops from iraq and they made it happen. >> senator mccain, that's just simply not true. >> well,. >> i guess you can believe thand respect your beliefs. >> and i respect your opinion and the outcome is exactly as predicted. >> that's not how it happened. >> it is how it happened. >> shepard: another sticking point, the current plan replaces u.s. troops in iraq with thousands of private contractors. senator mccain says that will drive up costs and create a security risk. of course, there are also

concerns that pulling our troops out could leave iraq vulnerable to influence from iran. steve centanni with the news live at the pentagon tonight. the critics are focusing on iran. why is that, steve? >> well, they suggest that iran is just waiting in the wings for u.s. troops to pull out and then they will start to exercise as much control as possible in iraq. now, senator john mccain today pointed out that the kurdish president barzani recently paid a visit to tehran and a top commander is planning to do the same. >> while there are certainly limits to this influence, the fact remains that iran's number one priority this year was to get all u.s. troops out of iraq. they will now accomplish that goal. it's hard to seat withdrawal of u.s. forces from iraq as anything but a win for iran. >> and mccain says iraq is already, quote, making accommodations to an emboldened iran, shep? >> shepard: the pentagon officials are also having something to say about this

whole iran issue. >> oh, they definitely are. leon panetta, the secretary of defense saying today the iraqis have no intention of handing over their independence to iran. yet he suggests there is a potential danger. >> yet the strong sovereign and self-rely on iraq we see emerging today has absolutely no desire to be dominated by iran or by anyone else. >> panetta says iran will be continuing -- will be a continuing threat saying iran is, quote, very nervous about having a democracy on its doorstep, shep. >> shepard: steve centanni at the pentagon tonight. thanks very much. a 9-year-old girl in north carolina is still recovering after a car crash killed her father and left her pinned next to his body for 40 hours. according to investigators, the car skidded off the highway and flipped over and landed upside down in drainage ditch. the girl was trapped in sometimes near freezing

temperatures. then a passer by noticed the car and called 911 we're told. it appears the girl had no idea what had happened to her father until she got to the hospital. >> the only thing she said when we sent her to the hospital that she was hungry and asked about her dad. we had to break it down to her and that hurt the most. >> cops say it appears the father was driving at more than 100 miles per hour before the crash. trace gallagher with more. is he live for us tonight. trace, i guess the cops are saying that in the end, this girl survived on pop tarts and gatorade. >> that she and her father had just bought at a convenience store down the road, shep. the roof of this car was so badly crushed that 9-year-old jordan landon actually couldn't move inside. she tried to unbuckle her seat belt and she couldn't. she tried to dig her way out and she couldn't. luckily she was wearing a heavy sweatshirt to protect her in the cold. the pop tarts and gatorade were still in her lap. when the cops found her they said they were amazed.

>> i have done this for 15 years, i have never seen anything like this before. i have never -- i have seen people survive from collisions that i thought, you know, that they surely should have been killed by. but to survive for 40 hours, no, i haven't personally seen it myself. not like that. not a 9-year-old girl. >> yeah. and despite two nights in the dark and cold, the police say when they found her she was still relatively calm, shep. >> shepard: at least they found her. might have been a whole different story about that person who passed by there. >> even the cops that patrol that area didn't know that drainage ditch was out there. it was more than 8 feet deep. you couldn't see the car from the road. you couldn't even see it if you were walking alongside the road. the car's speedometer was stuck at 110 miles per hour. police say to get into that culvert it would have had to have been going that fast. listen. >> the trees that he hit into he hit about 6 or 7 feet up above. they weren't broken at the base. they were broken higher. so he was airborne as he went into the trees.

and a car that weight, you can't get it airborne at 55 miles per hour. it just can't happen. >> airborne and upside down. friends and family say they don't believe the dad was driving his daughter 100 plus miles per hour. maybe the police say he might have accidently hit the accelerator instead of the brake, shep. >> shepard: trace gallagher in los angeles. thanks. new details tonight on solyndra, the solar company that went belly up after taking hundreds of millions of tax dollars. next, congressional investigators sort through the energy secretary's in box. plus a new warning tonight from the federal agency that's on the hook for home loans gone bad. tonight, why the federal housing administration may need a bailout. as. alright, let's do it. let's do it, let's go to vegas. vegas baby! maybe we should head back to the dealership first? vegas! no, this is a test drive. vegas!

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>> shepard: congressional investigators are now said to be going over 200 emails that relate to the bankrupt solar energy company solyndra. fox news learned received

those emails this morning and some are said to be from the energy secretary steven chu. of course solyndra got a federal loan of half a billion dollars before it filed for bankruptcy. lawmakers are expected to question secretary chu on thursday about his role in that loan. let's get to doug mckelway live in washington tonight. hello, doug. >> hey, shep. this sets the stage for what may be a very tense appearance before the house energy and commerce committee by secretary of energy steven chu on thursday. the energy department and the obama administration have steadfastly maintained that the lone guarantees were made strictly on their merits. the series of emails suggest otherwise to some. one of them dated october 30th, 2010, just days before the midterm elections conveys how the department of energy want'ed argonet equity biggest investor in solyndra hold off impending news of layoffs. they did push very hard on us to hold off our announcement of the consolidation to employees and vendors to

november 3rd. oddly, they didn't give a reason for that date. end quote. november 3rd was the day after the midterm elections. doe suggests nothing in these emails suggest impropriety. others suggest it's troubling. this is a problem of when the government becomes involved in economic decisions that are best left for the private sector. it reduces the incentive to lower costs and innovate and increases the incentive to lobby to members of congress for handouts for subsidies. >> following last friday's major document dump by the white house, the house energy and commerce committee issued a statement that said it appreciated that the white house has now responded to the subpoena with some of the responsive documents. the implication being there is more they want. shep? >> shepard: doug mckelway live on capitol hill. the government agency that ensures that giving banks and other lenders the confidence

to lone loan money to home buyers may need a bailout. vice presidential gone into default during the housing downturn and thought audit warns there is 50% chance the agency will run out of cash next year. wendell goler is live at the white house tonight. wendell, how serious is the f.h.a.'s money problem? >> could be tens of billions of dollars, shep. even before private lenders started pulling back after the market meltdown, the fha was stepping up. their market share has gone up 600% over the past five years. the aei's edward pinto says the foreclosure rate is higher than average. >> they now have over a trillion dollars of mortgages that they guarantee. they have got 635,000 of them are seriously delinquent. and that's about almost 9% of all of their loans that they ensure are currently seriously delinquent and will have very large losses. >> now, experts say without the fha loan guarantees. houses prices would have

fallen even farther and more people would owe more than their homes are worth, shepard. >> shepard: wendell, two other bailed out agencies of that sort also came under fire today on capitol hill. >> fannie and freddie, the biggest. under fire for bonuses being paid to their top executives, tens of millions of dollars. basically of taxpayer money since the two organizations got $182 billion in taxpayer bailouts. now, the executives who made the bad calls that have got them in trouble are gone. some lawmakers want to put the new executives on a government pay scale. the conservativer says he would never be able to hire people smart enough to sort things out. >> others may believe that this sort of talent is easily and quickly hired at compensation far below that of competing private firms but i do not. bottom line, this is a question of judgment. >> demarco says the answer of the problem is for congress to phase fannie and freddie out of the market. that would probably make all new home loans a lot more expensive. shepard? >> shepard: wendell goler at the white house.

wendell, thanks. more questions about the bankrupt brokerage firm mf global and what happened to more than half a billion dollars in its customers cash. one regulator calling what went on at the firm's final days quote suspicious as heck. you will recall the former new jersey governor jon corzine once headed mf global. according to the "wall street journal's" reporting it's opened by the parent company of this network, executives there have known about the missg g inney up to four days before they indicted or i should say indicated anything to regulators. here's why the timing is important. if regulators knew about the missing money earlier, they might have intervened. instead the company went bust. more than a thousand workers lost their jobs and there is still no sign of investors missing money. on wall street today, stocks were up. the dow 17, the nasdaq 29. the s&p 6. this after reports showing a half a percent increase in retail sales. it's the fifth consecutive monthly increase and really better than analysts had expected. nasa is hiring. and officials in houston say they're looking for

astronauts. they have published this listing on a government jobs web site. apparently some veteran space walkers are leaving the agency. and nasa needs new recruits. the job could pay as much as $141,000 a year plus benefits. if you are interested, keep this advisory from nasa in mind, quote: frequent travel may be required. well, it's a side of the casey anthony trial we have never before seen. the lead prosecutor revealing what he really thinks of the infamous mom's defense attorney. and he is not holding much back. plus, california is accustomed to mud slides. maybe not like this. the slow moving disaster that shows no signs of stopping as fox report rolls on tonight. music music we're centurylink we're committed to improving lives

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, >> shepard: we're hearing nor in the name of casey anthony. ashton recounting much of what went on behind the scenes new book out today. it's the first written account of the trial from any of its key players. in it, we're told prosecutor ash to be called the defense lawyer jose by as smarmy, slick, and underhanded. and that he doubted jurors would sentence casey anthony to the death penalty. you will recall they convicted her of lying to police but not of murdering her young daughter caylee whose dead body turned up on the side of the road in 2008. phil keating has the details. is he live in our south florida newsroom tonight. phil ashton writes about what he calls the nuclear lie and what he says was decisive. >> he says it was beyond the wildest imaginations of the prosecution team. the nuclear lie revealed by jose baez, casey's attorney eight weeks before the beginning of the trial one that father george had

molested sexually casey anthony for years and, two, there was no nanny but actually caylee had accidently drowned in the pool, covered up by george, the father. ultimately the end, ashton writes that was enough for the jury to acquit her of murder. >> the fact that they would completely absolve her of any responsibility for caylee's death was probably the biggest surprise of that day. the law gives jurors the ability to interpret the term reasonable doubt as they wish. and, you know, this jury interpreted that term to set the bar very high. >> ashton telling me he does not blame the jury. as for jose baez, he did not return our call today. after the trial, after the verdict in orlando he told me he absolutely stands and believes the accidental drowning theory. >> shepard: we still don't know where casey anthony is, right? >> her probation officer here in orlando has seen her. where she is living, that a state secret between her, her probation officer and anybody

who knows. she is somewhere in florida. she is still serving probation. she still owes the state $200,000 plus for those lies to investigators. she also is still being sued by zenaida gonzalez for stealing her identity as the thane. in his book he also criticizes casey's mother cindy, calling her delusional in what he says was, quote, colossal denial. back to you. >> shepard: phil keating live in south florida. thanks. big trouble on a scenic coastal road in san pedro, california. a slow moving landslide tearing huge slides in the buff there. it started to buckle during the summer. it keeps getting worse. authorities say the mess is not threatening any area homes. workers have fenced off the danger zone so the crews can reroute storm drains and power poles. one resident says he is concerned because emergency services vehicles can't get through there anymore. city officials say they will

commission a geological study of the area. cool critter time. and with thanksgiving just nine days away, you would think turkeys across the country would be in hiding if they had any idea. not this one. apparently it just walks up and down the streets of woodstock, georgia outside of atlanta. chasing cars like it owns the place. we don't know where it came from. folks there say the bird is one of their own now. it seems the turkey loves to walk right up to some stores and look inside. in other words, they have a peeping tom on their hands folks across the country planning for turkey day of course, getting ready to see family, eat a big meal and stand in the line at the airport for what can seem like 35,000 years. we'll tell you what to expect at security. good times ahead as fox reports life tonight. [ male announcer ] drinking a smoothie with no vegetable nutrition?

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it. >> shepard: you are watching fox news channel. thanksgiving isn't until next thursday but for millions of americans the journey to wherever he they will be spending the holiday begins this weekend. according to the air transport association more than 23 million people will be flying between this friday and the tuesday after thanksgiving. that's down slightly from last year. but it won't feel like it. the trade group reports airlines have cut capacity, meaning more flights will be full. but the feds have changed some of the rules at security checkpoints. in an attempt to keep the long lines moving. catherine herridge is live at reagan national airport outside of d.c. what sort of changes are we talking about now? >> well, shep, tsa officials will tell you privately that folks often have the same two complaints. one are the ticket prices which tsa doesn't control and the other is taking off their shoes at the airport one of the big changes that you will see this year versus last year is that kids 12 and under will not be required to take their sneakers off at the security checkpoints in part because those little shoes just can't pack the explosives you need to severely damage or bring down an aircraft like the shoe bomber tried to do 10 years

ago. here is a t.s.a. administrator john pistol. >> the shoes richard reid had in december of 2001 were large shoes. so, simply from explosive standpoint, smaller shoes, smaller feet, much less likely in terms of something bad. >> and if you are really unlucky, and your kid has big feet or just keeps setting off that detector, the t.s.a. is going to try to use more trace detection so they can avoid those patdowns on little kids, shep. >> shepard: changes to the scanners you now walk through right? >> that's right. what we are going to see this thanksgiving holiday is that about half of those body scanners are now using this updated software so you will see more of a generic image. it look a little bit like a general jerry bread man. if you look closely you will see yellow or orange square. that would need secondary screening or patdown. just compare and contrast that to some of the older images more detailed, black and white. security advocate said it was really undue invasion of a

travelers privacy. while the t.s.a. has made some changes. what we are expecting here in washington tomorrow is a fairly critical congressional report about the t.s.a. and what really needs to be done in the future, shep. catherine harge live at dca. thank you. updating some of fox top stories tonight the penn state assistant football coach jerry sandusky denied the allegations that he sexually young boys. he regrets showering with those young kids. comes as the man who saw sandusky rape a little boy claims he tried to stop it and even went to police. >> a judge in new york upholding the city's decision to break up encampment in new york. cops raided in the wee hours of the morning. almost a military style event. the protesters are back in the park tonight but they can't have the tents. as many as 90 people reportedly killed in what appears to be one of the bloodiest days in the syrian uprising. several neighboring countries

now pushing syria's president to step down. on this day in 1969, a fellow named dave thomas opened a burger joint in columbus, ohio. as the story goes, he named it after his daughter, wendy. thomas was a high school dropout who honed his cooking skills while serving as a mess sergeant in the army. he then took -- went on to take work with colonel sanders himself over at kentucky fried chicken. after running several kfc franchises. dave thomas decided to open a place of his own. the specialty of the house those now world famous square hamburger the. in the 80's wendy's found success with its iconic "where's the beef qu ts ad campaign. it's the third largest burger chain. a man cooked up a winning idea 42 years ago today. and now you know the news for this tuesday, november the 15th, 2011. i'm shepard